NOTICES OF INTENDED REGULATORY ACTION

Vol. 33 Iss. 15 - March 20, 2017

EDITOR'S NOTE: This
notice was previously published in 33:9 VA.R. 869 December 26, 2016;
however, the last sentence of the first paragraph was inadvertently omitted.
The Department of Medical Assistance Services has requested that the notice be
republished with an additional 30-day public comment period.

Notice is hereby given in accordance with § 2.2-4007.01 of the
Code of Virginia that the Department of Medical Assistance Services intends to
consider amending 12VAC30-50, Amount, Duration, and Scope of Medical and
Remedial Care Services, and 12VAC30-120, Waivered Services. The
purpose of the proposed action is to ensure that Medicaid authorization and
reimbursement for consumer-directed personal care, respite, and companion
services is limited to 40 hours per week for an attendant serving a single
consumer, in accordance with Item 306 PPPP of Chapter 780 of the 2016 Acts of
Assembly, the 2016 Appropriation Act. This action will also clarify that the
limit will not be applied to live-in attendants consistent with the U.S.
Department of Labor's requirements under the Fair Labor Standards Act, as set
out in Fact Sheet 79B. This action applies to EPSDT-covered attendant services
as well as waiver-covered attendant services.

The agency does not intend to hold a public hearing on the
proposed action after publication in the Virginia Register.